[Presidential Documents]
[Page 36971-36974]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn06-157]
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Part VII
The President
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Executive Order 13406--Protecting the Property Rights of the American
People
Executive Order 13407--Public Alert and Warning System [below]
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 36973]]
Executive Order 13406 of June 23, 2006
Protecting the Property Rights of the American
People
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and to strengthen the rights of the American
people against the taking of their private property, it
is hereby ordered as follows:
Section 1. Policy. It is the policy of the United
States to protect the rights of Americans to their
private property, including by limiting the taking of
private property by the Federal Government to
situations in which the taking is for public use, with
just compensation, and for the purpose of benefiting
the general public and not merely for the purpose of
advancing the economic interest of private parties to
be given ownership or use of the property taken.
Sec. 2. Implementation. (a) The Attorney General shall:
(i) issue instructions to the heads of departments
and agencies to implement the policy set forth in
section 1 of this order; and
(ii) monitor takings by departments and agencies
for compliance with the policy set forth in section 1
of this order.
(b) Heads of departments and agencies shall, to the
extent permitted by law:
(i) comply with instructions issued under
subsection (a)(i); and
(ii) provide to the Attorney General such
information as the Attorney General determines
necessary to carry out subsection (a)(ii).
Sec. 3. Specific Exclusions. Nothing in this order
shall be construed to prohibit a taking of private
property by the Federal Government, that otherwise
complies with applicable law, for the purpose of:
(a) public ownership or exclusive use of the
property by the public, such as for a public medical
facility, roadway, park, forest, governmental office
building, or military reservation;
(b) projects designated for public, common carrier,
public transportation, or public utility use, including
those for which a fee is assessed, that serve the
general public and are subject to regulation by a
governmental entity;
(c) conveying the property to a nongovernmental
entity, such as a telecommunications or transportation
common carrier, that makes the property available for
use by the general public as of right;
(d) preventing or mitigating a harmful use of land
that constitutes a threat to public health, safety, or
the environment;
(e) acquiring abandoned property;
(f) quieting title to real property;
(g) acquiring ownership or use by a public utility;
(h) facilitating the disposal or exchange of
Federal property; or
(i) meeting military, law enforcement, public
safety, public transportation, or public health
emergencies.
Sec. 4. General Provisions. (a) This order shall be
implemented consistent with applicable law and subject
to the availability of appropriations.
(b) Nothing in this order shall be construed to impair
or otherwise affect:
[[Page 36974]]
(i) authority granted by law to a department or
agency or the head thereof; or
(ii) functions of the Director of the Office of
Management and Budget relating to budget,
administrative, or legislative proposals.
(c) This order shall be implemented in a manner
consistent with Executive Order 12630 of March 15,
1988.
(d) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity against the United
States, its departments, agencies, entities, officers,
employees, or agents, or any other person.
(Presidential Sig.)B
THE WHITE HOUSE,
June 23, 2006.
[FR Doc. 06-5828
Filed 6-27-06; 8:45 am]
Billing code 3195-01-P

[Presidential Documents]
[Page 36975-36977]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn06-158]
Presidential Documents
[[Page 36975]]
Executive Order 13407 of June 26, 2006
Public Alert and Warning System
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, as amended (42
U.S.C. 5121 et seq.), and the Homeland Security Act of
2002, as amended (6 U.S.C. 101 et seq.), it is hereby
ordered as follows:
Section 1. Policy. It is the policy of the United
States to have an effective, reliable, integrated,
flexible, and comprehensive system to alert and warn
the American people in situations of war, terrorist
attack, natural disaster, or other hazards to public
safety and well-being (public alert and warning
system), taking appropriate account of the functions,
capabilities, and needs of the private sector and of
all levels of government in our Federal system, and to
ensure that under all conditions the President can
communicate with the American people.
Sec. 2. Functions of the Secretary of Homeland
Security.
(a) To implement the policy set forth in section 1 of
this order, the Secretary of Homeland Security shall:
(i) inventory, evaluate, and assess the
capabilities and integration with the public alert and
warning system of Federal, State, territorial, tribal,
and local public alert and warning resources;
(ii) establish or adopt, as appropriate, common
alerting and warning protocols, standards, terminology,
and operating procedures for the public alert and
warning system to enable interoperability and the
secure delivery of coordinated messages to the American
people through as many communication pathways as
practicable, taking account of Federal Communications
Commission rules as provided by law;
(iii) ensure the capability to adapt the
distribution and content of communications on the basis
of geographic location, risks, or personal user
preferences, as appropriate;
(iv) include in the public alert and warning system
the capability to alert and warn all Americans,
including those with disabilities and those without an
understanding of the English language;
(v) through cooperation with the owners and
operators of communication facilities, maintain,
protect, and, if necessary, restore communications
facilities and capabilities necessary for the public
alert and warning system;
(vi) ensure the conduct of training, tests, and
exercises for the public alert and warning system;
(vii) ensure the conduct of public education
efforts so that State, territorial, tribal, and local
governments, the private sector, and the American
people understand the functions of the public alert and
warning system and how to access, use, and respond to
information from the public alert and warning system;
(viii) consult, coordinate, and cooperate with the
private sector, including communications media
organizations, and Federal, State, territorial, tribal,
and local governmental authorities, including emergency
response providers, as appropriate;
[[Page 36976]]
(ix) administer the Emergency Alert System (EAS) as
a critical component of the public alert and warning
system; and
(x) ensure that under all conditions the President
of the United States can alert and warn the American
people.
(b) In performing the functions set forth in
subsection (a) of this section, the Secretary of
Homeland Security shall coordinate with the Secretary
of Commerce, the heads of other departments and
agencies of the executive branch (agencies), and other
officers of the United States, as appropriate, and the
Federal Communications Commission.
(c) The Secretary of Homeland Security may issue
guidance to implement this order.
Sec. 3. Duties of Heads of Departments and Agencies.
(a) The heads of agencies shall provide such assistance
and information as the Secretary of Homeland Security
may request to implement this order.
(b) In addition to performing the duties specified
under subsection (a) of this section:
(i) the Secretary of Commerce shall make available
to the Secretary of Homeland Security, to assist in
implementing this order, the capabilities and expertise
of the Department of Commerce relating to standards,
technology, telecommunications, dissemination systems,
and weather;
(ii) the Secretary of Defense shall provide to the
Secretary of Homeland Security requirements for the
public alert and warning system necessary to ensure
proper coordination of the functions of the Department
of Defense with the use of such system;
(iii) the Federal Communications Commission shall,
as provided by law, adopt rules to ensure that
communications systems have the capacity to transmit
alerts and warnings to the public as part of the public
alert and warning system; and
(iv) the heads of agencies with capabilities for
public alert and warning shall comply with guidance
issued by the Secretary of Homeland Security under
subsection 2(c) of this order, and shall develop and
maintain such capabilities in a manner consistent and
interoperable with the public alert and warning system.
Sec. 4. Reports on Implementation. Not later than 90
days after the date of this order, the Secretary of
Homeland Security shall submit to the President,
through the Assistant to the President for Homeland
Security and Counterterrorism, a plan for the
implementation of this order, and shall thereafter
submit reports from time to time, and not less often
than once each year, on such implementation, together
with any recommendations the Secretary finds
appropriate.
Sec. 5. Amendment, Revocation, and Transition.
(a) Section 3(b)(4) of Executive Order 12472 of April
3, 1984, as amended, is further amended by striking
``Emergency Broadcast System'' and inserting in lieu
thereof ``Emergency Alert System''.
(b) Not later than 120 days after the date of this
order, the Secretary of Homeland Security, after
consultation with the Assistant to the President for
Homeland Security and Counterterrorism, shall issue
guidance under section 2(c) of this order that shall
address the subject matter of the presidential
memorandum of September 15, 1995, for the Director,
Federal Emergency Management Agency, on Presidential
Communications with the General Public During Periods
of National Emergency, and upon issuance of such
guidance such memorandum is revoked.
(c) The Secretary of Homeland Security shall ensure
an orderly and effective transition, without loss of
capability, from alert and warning systems available as
of the date of this order to the public alert and
warning system for which this order provides.
[[Page 36977]]
Sec. 6. General Provisions. (a) This order shall be
implemented in a manner consistent with:
(i) applicable law and presidential guidance,
including Executive Order 12472 of April 3, 1984, as
amended, and subject to the availability of
appropriations; and
(ii) the authorities of agencies, or heads of
agencies, vested by law.
(b) This order shall not be construed to impair or
otherwise affect the functions of the Director of the
Office of Management and Budget relating to budget,
administrative, and legislative proposals.
(c) This order is not intended to, and does not, create
any rights or benefits, substantive or procedural,
enforceable at law or in equity by a party against the
United States, its agencies, instrumentalities, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)B
THE WHITE HOUSE,
June 26, 2006.
[FR Doc. 06-5829
Filed 6-27-06; 8:45 am]
Billing code 3195-01-P
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